THE MAYOR'S OFFICE FOR POLICING AND CRIME V MITSUI SUMITOMO INSURANCE CO (EUROPE) LTD AND OTHERS

[2016] UKSC 18, Supreme Court, Lord Neuberger, Lord Clarke, Lord Hughes, Lord Toulson and Lord Hodge, 20 April 2016

Insurance (property) - Riot - Whether consequential losses including loss of profit and loss of rent recoverable under the Riot (Damages) Act 1886

This case concerned the destruction by fire caused by petrol bombs and the looting of a Sony distribution warehouse by some 25 youths over three minutes on the night of 8 August 2011. The fire took hold and burned for some 10 days, with the total destruction of the plant, equipment and stock. The claimants were various insurers of the warehouse for property, customer stock and business interruption, property damage and loss of rent; further claimants were owners of uninsured stock held in the warehouse. The defendant was the statutory body responsible for the oversight of the Metropolitan Police, under the Riot (Damages) Act 1886. Total claims were in excess of £60 million. This was the trial of preliminary issues.